HomeMy WebLinkAbout1981-11-17; City Council; Resolution 6728*c d
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RESOLUTION No. 6 728
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARtSBAD ACCEPTING TRANSFER OF OMNERSHIP OF CAPACITY RIGHTS IN THE SAP4
EFFLUENT OUTFALL PIPELINE FROM LAKE CALAVERA HILLS ASSOCIATES TO THE CITY OF
CARLSBAD
MARCOS COUNTY !:IATER DISTRICT TREATED
WHEREAS, a Memorandum of Understanding dated June 16, 1980 was entered
into between the San Marcos County Water District and certain developers in-
cluding Lake Cafavera Hills Associates; and
EJHEREAS, the Memorandum of Understanding provided for the oversizing
of the treated effluent outfall pipeline to provide capacity to developers
upon payment of their share of costs; and
WHEREAS, the stated intent of the Memorandum of Understanding was that
the capacity funded by the developers owning land within Carlsbad would De
assigned to the City of Carlsbad who would, in cooperation with the San Marcos
County Mater District, share in the cost of operating and maintaining the
capacity; and
WHEREAS, the City of Carlsbad has entered into an agreement with the
San Marcos County ?later District which provides for sharing the cost of
operating and maintaining the treated effluent outfall pipeline subject to
the transfer of ownership in the capacity rights therein from the individual
developers to the City; and
WHEREAS, Lake Calavera Hills Associates has agreed to transfer ownership
of its capacity rights in the San Marcos treated effluent outfall pipeline
to the City of Carlsbad;
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MOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, as follows:
1.) The above recitations are true and correct.
2.) The City of Carlsbad agrees to accept Lake Calavera Hills Associates'
share of capacity rights in the San Marcos County !\later District Treated
Effluent Outfall Pipeline free and clear of all liens and encumbrances.
3.) The Mayor of the City of Carlsbad is authorized to sign the agree-
ment accepting ownership in said capacity rights on behalf of the City.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 17th day of Novaher , 1981 by the following vote,
to wit:
AYES:
NOES: None
Council Menbers Packard, Casler, hear, Lewis and Kulchin
ABSENT: None
ATTEST :
(SEAL)